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(영문) 인천지방법원 2013.11.08 2013노2549
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized all each of the instant crimes and against his mistake; and (b) the Defendant deposited the amount equivalent to the amount of damage to the victims of each of the instant frauds in the instant case or recovered the damaged vehicle by the victimO; (c) there are circumstances favorable to the Defendant; and (d) if the lower judgment becomes final and conclusive, there are circumstances in which the previous suspended sentence should be reinstated until ten (10) months after the suspended sentence is invalidated.

On the other hand, the following facts are revealed: ① the damage amount of each fraud of this case reaches 13 million won in total; ② the substantial part of the fraud crime in comparison with the so-called “unauthorizedness type” act by deceiving the victim and deceiving the victim, which is the so-called “defasting” act by deceiving the victim, is not less than that of the crime; ③ even in the case of each crime of this case, even though the defendant had already been punished two times or more due to drunk driving, again, was under the influence of driving without a license, and immediately after being investigated by the police, it is highly likely to be subject to the punishment of a fine for fraud; ④ The defendant was punished for fraud; ② although the crime of this case was committed, each of the crimes of this case was committed repeatedly without being familiar with the Act on the Promotion of Game Industry as stated in the judgment of the court below, and the defendant’s age, family environment, and circumstances before and after the crime are considered, and thus, it cannot be seen that the defendant’s punishment is too unfair.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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